February 15, 2017

Department of Health and Human Services

Freedom of Information Officer
Hubert H. Humphrey Building, Room 729H
200 Independence Avenue, SW
Washington, D.C. 20201

Centers for Medicare and Medicaid Services

CMS FOIA Officer
Centers for Medicare & Medicaid Services Mailstop
N2-20-16 7500 Security Boulevard
Baltimore, MD 21244

Re: Freedom of Information Act Request

Dear Official:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect
Democracy Project hereby requests that your office produce within 20 business days the
following records (see below for clarity on the types of records sought):

(1) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the Department of Health and Human
Services (“HHS”) Office of the Secretary and/or Office of Public Affairs and/or the
Centers for Medicare and Medicaid Services (“CMS”) Office of the Administrator and/or
Office of Communications concerning the decision to discontinue advertising for
healthcare.gov and/or enrollment in healthcare coverage. The timeframe for this request
is January 20, 2017 through February 1, 2017.

(2) All formal and informal documents, including but not limited to email communications
and memoranda, between the HHS and/or CMS transition teams and the White House
concerning the decision to discontinue advertising for healthcare.gov and/or enrollment
in healthcare coverage. The timeframe for this request is January 20, 2017 through
February 1, 2017.

(3) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of the Secretary

PO Box 170521, Brooklyn, New York 11217

FOIA.protectdemocracy@gmail.com
 and/or HHS Office of Public Affairs and/or CMS Office of the Administrator and/or
CMS Office of Communications concerning the effect of the Trump Administration’s
decision to discontinue the advertising detailed above on enrollment numbers. The
timeframe for this request is January 20, 2017 through February 1, 2017.

(4) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of Public Affairs
and/or CMS Offices of Communications concerning the article published by Politico on
January 26, 2017 entitled, “Trump White House Abruptly Halts Obamacare Ads.”

(5) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees in the HHS Office of the Secretary
and/or HHS Office of Public Affairs and/or CMS Office of the Administrator and/or
CMS Office of Communications concerning the number of people who enrolled in
healthcare coverage after President Trump took office, which CMS made public on
February 3, 2017. CMS reported that approximately 200,000 Americans signed up for
coverage in the final two weeks of the open enrollment period. The time-frame for this
request is January 20, 2017 through February 6, 2017.

(6) All formal and informal documents, including but not limited to email communications
and memoranda, between HHS and/or CMS employees and the White House concerning
the number of people who enrolled in healthcare coverage after President Trump took
office, which CMS made public on February 3, 2017. CMS reported that approximately
200,000 Americans signed up for coverage in the final two weeks of the open enrollment
period. The time-frame for this request is January 20, 2017 through February 6, 2017.

FEE WAIVER

FOIA provides that a waiver of fees associated with a request is waived if “disclosure of

the information is in the public interest because it is likely to contribute significantly to public

understanding of the operations or activities of the government and is not primarily in the

commercial interest of the requester.” 5 U.S.C 552(1)(4)(A)(iii). The core mission of The

Protect Democracy Project, a new organization awaiting 501(c)(3) status, is to inform public

understanding on operations and activities of the government. This request is submitted in

consort with the organization’s mission to gather and dissimilate information that is likely to

PO Box 170521, Brooklyn, New York 11217

FOIA.protectdemocracy@gmail.com
contribute significantly to the public understanding of executive branch operations and activities.

The Protect Democracy Project has no commercial interest, and releasing the contents of the

requested documents for public consumption is not in the financial interest of the organization.

In addition to satisfying requirements for a waiver of fees associated with the search and

processing of records, The Protect Democracy Project is entitled to a waiver in duplication costs.

Federal law mandates a waiver of document duplication costs for requesters that qualify as a

representative of the news media. The Protect Democracy Project, a new organization formed in

December 2016, emerges in the tradition of 501(c)(3) good government organizations that

qualify under FOIA as “news media organizations.” Like these organizations, the purpose of The

Protect Democracy Project is to “gather information of potential interest to a segment of the

public, use its editorial skills to turn the raw materials into distinct work, and distribute that work

to an audience.” Cf National Security Archive v. Department of Defense, 880 F.2d 1381, 1387

(D.C. Cir. 1989). We intend to give the public access to documents transmitted via FOIA on our

forthcoming website, www.protectdemocracyproject.org.

RESPONSIVE RECORDS

We ask that all types of records and all record systems be searched to discover records

responsive to our request. We seek records in all medium and format. This includes, but is not

limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for

meetings, calls, tele-conferences, or otherwise discussions responsive to our request; voicemails;

e-mails; e-mail attachments; talking points; faxes; facsimiles; training documents and guides;

table of contents and content of binders; documents pertaining to instruction and coordination of

PO Box 170521, Brooklyn, New York 11217

FOIA.protectdemocracy@gmail.com
couriers; and any other preservation of work product. We ask that you search all system of

record, including electronic, in use at your agency. The Protect Democracy Project would prefer

records in electronic format, saved as PDF documents, and transmitted via email or CD-rom.

If you make a determination that any responsive record, or any segment within a record,

is exempt from disclosure, we ask that you provide an index of those records at the time you

transmit all other responsive records. In the index, please include a description of the record and

the reason for exclusion with respect to each individual exempt record or exempt portion of a

record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.

977 (1974). When you deem a portion of a record exempt, we ask for the remainder of the record

to be provided. 5 U.S.C. 552(b).

Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or

answering questions about our request. Please contact us at FOIA.protectdemocracy@gmail.com

or (404) 819-1630 if you require any additional information. We appreciate your cooperation,

and look forward to hearing from you very soon.

Sincerely,

Ian Bassin
Executive Director
The Protect Democracy Project

PO Box 170521, Brooklyn, New York 11217

FOIA.protectdemocracy@gmail.com
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop N2-20-16
Baltimore, Maryland 21244-1850

Office of Strategic Operations and Regulatory Affairs/Freedom of Information Group

Refer to: Control Number 050820177025 and PIN UFNQ

12/15/2017

Ian Bassin
The Protect-Democracy Project
PO Box 170521
Brooklyn, NY 11217

Dear Mr. Bassin,

This letter is in response to your Freedom of Information Act (5 U.S.C. §552) request of
2/27/2017, which you sent to the Centers for Medicare & Medicaid Services. Within your
correspondence, you requested the following:

(1) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the Department of Health and Human
Services ("HHS") Office of the Secretary and/or Office of Public Affairs and/or the Centers for
Medicare and Medicaid Services ("CMS") Office of the Administrator and/or Office of
Communications concerning the decision to discontinue advertising for healthcare.gov and/or
enrollment in healthcare coverage. The timeframe for this request is January 20, 2017 through
February 1, 2017.

(2) All formal and informal documents, including but not limited to email communications
and memoranda, between the HHS and/or CMS transition teams and the White House
concerning the decision to discontinue advertising for healthcare.gov and/or enrollment in
healthcare coverage. The timeframe for this request is January 20, 2017 through February 1,
2017.

(3) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of the Secretary and/or HHS
Office of Public Affairs and/or CMS Office of the Administrator and/or CMS Office of
Communications concerning the effect of the Trump Administration's decision to discontinue the
advertising detailed above on enrollment numbers. The timeframe for this request is January 20,
2017 through February 1, 2017.

(4) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of Public Affairs and/or
CMS Offices of Communications concerning the article published by Politico on January 26,
2017 entitled, ''Trump White House Abruptly Halts Obamacare Ads."

(5) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees in the HHS Office of the Secretary and/or HHS
Office of Public Affairs and/or CMS Office of the Administrator and/or CMS Qffice of
Communications concerning the number of people who enrolled in healthcare coverage after
President Trump took office, which CMS made public on February 3, 2017. CMS reported that
approximately 200,000 Americans signed up for coverage in the final two weeks of the open
enrollment period. The time-frame for this request is January 20, 2017 through February 6, 2017.

(6) All formal and informal documents, including but not limited to email communications
and memoranda, between HHS and/or CMS employees and the White House concerning the
number of people who enrolled in healthcare coverage after President Trump took office, which
CMS made public on February 3, 2017. CMS reported that approximately 200,000 Americans
signed up for coverage in the final two weeks of the open enrollment period. The time-frame for
this request is January 20, 2017 through February 6, 2017.

On 9/8/2017 we provided 237 responsive pages. On further review, we have decided to release
bates stamped pages 0032, 0047, 0230, and 0231 to you in full and 0046 in part. We are
releasing bates stamped pages 0238, 0239, 0240, and 0241 bringing the full responsive pages to
241. After careful review of these pages I have determined to release them to you, as
enclosed. One page is released to you in its entirety. However, I am denying you access to
portions of three pages pursuant to Exemption 5 (5 U.S.C. §552(b)(5)) and Exemption 6 (5
U.S.C. §552(b)(6)) of the FOIA.

Exemption 5 permits the withholding of inter-agency or intra-agency communications that would

normally be privileged in the civil discovery context, including those that are pre-decisional,
confidential attorney-client communications, or attorney work product prepared in anticipation
of litigation. The pages withheld in full from this interim response under Exemption 5, as well as
the portions of pages partially withheld under Exemption 5, consist of draft documents and
communications between agency attorneys and their clients.

Exemption 6 of the FOIA permits a Federal agency to withhold information contained in

personnel and medical files and similar files the disclosure of which would “constitute a clearly
unwarranted invasion of personal privacy.” I have weighed the public interest in disclosure
(which the Supreme Court has held to be limited in this context to the public interest that would
be served by shedding light in the agency’s performance of its statutory duties) against the harm
to the privacy of the individuals identified in these records and have concluded that the privacy
interest of the subject individuals outweighs the public interest in disclosure in this particular
matter.

If you believe that the information withheld should not be exempt from disclosure, or
this response constitutes an adverse determination, you may appeal. By filing an
appeal, you preserve your rights under FOIA and give the agency a chance to review
and reconsider your request and the agency’s decision.
Your appeal must be mailed within 90 days from the date of receipt of this letter, to:

Principal Deputy Administrator

Centers for Medicare and Medicaid Services
Room C5-16-03
7500 Security Blvd.
Baltimore, Maryland 21244-1850

Please clearly mark both the envelope and your letter “Freedom of Information Act Appeal.”

If you would like to discuss our response before filing an appeal to attempt to resolve your
dispute without going through the appeals process, you may contact Josh Phillips OR the CMS
FOIA Public Liaison for assistance at:

Joseph Tripline
CMS FOIA Public Liaison
Centers for Medicare & Medicaid Services
7500 Security Blvd., MS N2-20-16
Baltimore, Maryland 21244-1850
Telephone: (410) 786-5353 fax (443)-380-7260

If you are unable to resolve your FOIA dispute through our CMS FOIA Public Liaison, the
Office of Government Information Services (OGIS), the Federal FOIA Ombudsman’s office,
offers mediation services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:

Office of Government Information Services

National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001

Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769

Sincerely yours,

Hugh Gilmore
Director
Freedom of Information Group

Enclosure
 deadlines and inbound traffic increases this capacity is limited to preserve a positive
customer experience. Currently we are planning to use 550,000 calls per weekday for
autodial (automated message) and 200,000 calls for agent connect (which is a message
that allows for a warm transfer to an agent). Outbound calls (including autodial and
agent connect) are listed as to be determined from Friday 1/27 leading up to the
deadline based on the volume the call center can support given increasing inbound
traffic.

Friday, January 27, 2017

1. Social Media – see Appendix I

• Description: TBD

2. YouTube Homepage Takeover

• Description: This includes high impact digital video placement on YouTube’s home page
so that we can execute a rich media masthead takeover: (1) On desktop, the dynamic
masthead features multiple videos, highlighting key deadline and affordability
messaging, with a call to action encouraging users to enroll before January 31st; (2) On
mobile, the execution features one video along with key deadline and affordability
messages. We expect 300 million estimated impressions. CMS has already paid for this.
• Link to videos that will be used can be found here:
https://drive.google.com/open?id=0BzrxPOB8ZSnxUHNPNTE0U2VCU3c.

3. Blog: “Last chance for 2017 health insurance: January 31” – Appendix II
• Description: This blog posting is slated to be posted on the evening of Friday, January
27, 2017 on HealthCare.gov/blog, as part of a routine content update. Since June 2013,
new blogs have been posted regularly, generally weekly during Open Enrollment and
less frequently outside of Open Enrollment. The goal of the blog is to highlight and
amplify information that is contained elsewhere on informational pages throughout the
site, at points in time when that content is most relevant. The blog provides consumers
using the site with an alternate entry point to specific content. The readership is
consistently small, as most HealthCare.gov users navigate through the informational
content via other paths within the site. Archives of previous blog posts are available on
the site and users aren't able to comment on the blogs.
• Deadline for Review: Thursday, January 26, 2017.

4. HealthCare.gov website changes – attached PDF

• Description: These mockups illustrate the changes to the HealthCare.gov homepage and
two key landing pages. The first set of 3 shows the planned content to be pushed live as
part of a regular content update on the evening of Friday, January 27. The primary
change is the headline to transition to a more urgent “last chance” message frame for
the last few days of Open Enrollment. This transition and the content is consistent with
what has appeared during these times in past years.
• Deadline for Review: Thursday, January 26, 2017.

5. Two emails sent to consumers – Appendix III

CMS0032
See below for awareness and sharing with CCIIO.
 
From: Lloyd, Matt (HHS/IOS)
Sent: Friday, January 27, 2017 4:24 PM
To: Bradley, Tasha (OS/ASPA); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA)
Subject: RE: HealthCare.gov ads

Yes as long as the attribution is kept like we have it below thx

 
From: Bradley, Tasha (OS/ASPA)
Sent: Friday, January 27, 2017 4:23 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA)
Subject: RE: HealthCare.gov ads

Is this okay to share with CMS CCIIO folks to respond to states?

 
From: Lloyd, Matt (HHS/IOS)
Sent: Friday, January 27, 2017 4:22 PM
To: Bradley, Tasha (OS/ASPA); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA)
Subject: RE: HealthCare.gov ads

Here is what we are providing on the record from HHS spokesman:

 
“We aren’t going to continue spending millions of taxpayers’ dollars promoting a failed
government program.  Once an assessment was made, we pulled back the most
expensive and least efficient part of this massive ad campaign which was set to run
over the weekend.  Those costs savings will be returned to the U.S. Treasury.”
 
 

(b)(5)

CMS0046
From: Bradley, Tasha (OS/ASPA)
Sent: Friday, January 27, 2017 4:20 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA)
Subject: FW: HealthCare.gov ads

Flagging this inquiry from Oregon’s Health Insurance Marketplace. Generally, this
would be handled by CCIIO, but they don’t have any talking points and would like some
assistance in responding to Elizabeth.  
 
From: Black, Nicole L. (CMS/OC)
Sent: Friday, January 27, 2017 3:45 PM
To: Bradley, Tasha (OS/ASPA)
Subject: FW: HealthCare.gov ads

Here is another one.

 
From: CMS Press
Sent: Friday, January 27, 2017 3:43 PM
To: Venson, Shelby (CMS/OC) <Shelby.Venson@cms.hhs.gov>; Black, Nicole L.
(CMS/OC) <Nicole.Black@cms.hhs.gov>
Cc: Albright, Aaron (CMS/OC) <Aaron.Albright@cms.hhs.gov>; Ceballos, Kelly L.
(CMS/OC) <Kelly.Ceballos@cms.hhs.gov>
Subject: FW: HealthCare.gov ads

Shelby and Nicole, can you please send to the appropriate person?

+Aaron, Kelly

Tks,
LSokol

From: CRONEN Elizabeth M * DCBS [mailto:Elizabeth.M.Cronen@oregon.gov]

Sent: Friday, January 27, 2017 3:35 PM
To: CMS Press <Press@CMS.hhs.gov>
Cc: MORAWSKI Lisa M * DCBS <Lisa.M.Morawski@oregon.gov>
Subject: HealthCare.gov ads

We’re getting conflicting reports on whether these will continuing running before
the end of open enrollment.

Has HHS/CMS moved to stop them from airing or running online?

Elizabeth Cronen
Communications and Legislative Manager
Oregon Health Insurance Marketplace
503-569-8171
elizabeth.m.cronen@oregon.gov

CMS0047
 DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop B3-30-03
Baltimore, Maryland 21244-1850

January 27, 2017

Elevation, LTD
1027 33rd Street NW, Suite #260
Washington, DC 20007

Subject: GS-07F-0406T/HHSM-500-2014-00416G
Clarification

Dear Ms. Alison Reither:

This correspondence provides further clarification on the partial termination letter dated January
26, 2017 notifying Elevation to immediately stop work on all external marketing activities
related to the Health Insurance Marketplace’s fourth Open Enrollment period under GS-07F-
0406T/HHSM-500-2014-00416G.

Specifically, our further instructions on the partial termination are as follows: Tactics including
email and SMS marketing, outbound call marketing and earned media, should be resumed. If
cancelling other paid media activities will result in a cost savings, CMS is requesting that the
Contractor proceed with the termination as instructed. If cancelling other paid media activities
will not result in a cost savings because, for example, no refund is available or a cancellation
penalty or other charge exceeds any cost savings, the Contractor is instructed to continue with
that specific advertising.

Should you have any questions regarding this correspondence, please do not hesitate to
contact the Contracting Officer, Heather Robertson at 410-786-6888 or
heather.robertson@cms.hhs.gov.

Sincerely,
Digitally signed by Heather
Heather M. M. Robertson -S

Robertson -S Date: 2017.01.27 13:38:06

-05'00'

Heather Robertson
Contracting Officer

cc: Laura Salerno

CMS0230
 DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop B3-30-03
Baltimore, Maryland 21244-1850

January 27, 2017

CMGRP, Inc., D/B/A Weber Shandwick

909 3rd Avenue
New York, NY 10022

Subject: HHSM-500-2011-00029I/HHSM-500-T0008
Clarification

Dear Ms. Pamela Jenkins:

This correspondence provides further clarification on the partial termination letter dated January
26, 2017 notifying Weber Shandwick to immediately stop work on all external marketing
activities related to the Health Insurance Marketplace’s fourth Open Enrollment period under
HHSM-500-2011-00029I/HHSM-500-T0008.

Specifically, our further instructions on the partial termination are as follows: Tactics including
email and SMS marketing, outbound call marketing and earned media, should be resumed. If
cancelling other paid media activities will result in a cost savings, CMS is requesting that the
Contractor proceed with the termination as instructed. If cancelling other paid media activities
will not result in a cost savings because, for example, no refund is available or a cancellation
penalty or other charge exceeds any cost savings, the Contractor is instructed to continue with
that specific advertising.

Should you have any questions regarding this correspondence, please do not hesitate to
contact the Contracting Officer, Heather Robertson at 410-786-6888 or
heather.robertson@cms.hhs.gov.

Sincerely,
Digitally signed by Heather
Heather M. M. Robertson -S
Date: 2017.01.27 13:35:47
Robertson -S -05'00'
Heather Robertson
Contracting Officer

cc: Laura Salerno

CMS0231
 From Coverage to Care is an initiative to help people with new health care coverage
understand their benefits and connect to primary care and the preventive services that are right for
them, so they can live a long and healthy life.

From: CMS Rollouts

Sent: Friday, January 27, 2017 2:05 PM
Cc: Manchester, Brittney (CMS/OC) <Brittney.Manchester@cms.hhs.gov>; McDonough, Aisling
(CMS/OC) <Aisling.McDonough@cms.hhs.gov>
Subject: Rollout "FYI" BLOG: Marketplace Open Enrollment Deadline Blog and HealthCare.gov
Headline Changes

Today, CMS issued a blog about the upcoming January 31st Marketplace Open Enrollment
Deadline. ~ Thank you.

CMS BLOG
https://blog.cms.gov/2017/01/27/mark-your-calendars-january-31st-is-quickly-approaching/

January 27, 2017

Mark Your Calendars: January 31st is quickly approaching

If you still need health coverage for 2017, you have until January 31st to sign up for coverage
through HealthCare.gov. Through the website you can review your choices and see if you qualify for
financial help. Issuers have confirmed that consumers who select a plan and pay their first premium
will have coverage for 2017. And, insurers have signed contracts to provide coverage through 2017.

Consumers who want coverage – whether you are new to the Health Insurance Marketplace or have
previously enrolled in health coverage – can visit HealthCare.gov, update your information, or add it
for the first time, and select a plan. You may also compare plans online or on your mobile device.
You can review the core plan features like cost-sharing and provider networks.

When you log onto HealthCare.gov, you need three pieces of information – your zip code, family
size, and household income – to see what plans are available to you and to get an estimate of how
much the plans cost. If you had coverage through HealthCare.gov for 2016, you can come back to
update your information and compare your options for 2017. If you have questions or want to talk

CMS_0238
through your options with a trained professional, enrollment specialists are available all day, every
day, at 1-800-318-2596. Free, confidential, in-person assistance is also available at enrollment sites
and events in your state. Visit localhelp.healthcare.gov to find assistance in your community.

Materials attached:
Blog (PDF)

Keya Joy-Bush
Centers for Medicare and Medicaid Services (CMS)
Media Relations Group
((202)) 690- 7702 Direct
( )( )
(b)(6)
(202) 690- 6145 Media Office
Keya.joy-bush@cms.hhs.gov

CMS_0239
 DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop B3-30-03
Baltimore, Maryland 21244-1850


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 DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop B3-30-03
Baltimore, Maryland 21244-1850


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